United States v. Flores ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-11426
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICHARD FLORES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:01-CR-93-1-A
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June 19, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Richard Flores appeals his sentence following his
guilty-plea conviction for being a felon in possession of a
firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
Flores’ sole argument on appeal is that the district court erred
by denying him credit for acceptance of responsibility under
U.S.S.G. § 3E1.1 based on conduct that was unrelated to the
offense to which he pleaded guilty. The district court’s
decision was based on Flores’ violation of prison rules while
incarcerated prior to sentencing.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 01-11426
-2-
As Flores concedes, this issue was decided adversely to him
in United States v. Watkins, 911 F.2d 983, 985 (5th Cir. 1990)
(affirming denial of acceptance of responsibility based on
criminal conduct by defendant that was unrelated to the
underlying conviction). Absent an intervening decision to the
contrary by the Supreme Court or the en banc court, “[o]ne panel
of this Court may not overrule another.” Hogue v. Johnson, 131
F.3d 466, 491 (5th Cir. 1997). Flores acknowledges that his
argument is foreclosed by Watkins but raises it to preserve it
for possible review by the Supreme Court. The judgment of the
district court is AFFIRMED.
The Government’s motion for leave to forego filing a brief
is GRANTED.
AFFIRMED; MOTION GRANTED.